Permanent Residency Spain
Are you ready to settle down permanently after living in Spain legally for five uninterrupted years? The answer is most likely yes. With its vibrant culture, excellent healthcare system and reasonable cost of living, it is no surprise that many people want to get a permanent residency in Spain.
Obtaining a Spanish residency comes with a lot of benefits, but the bureaucratic process can be stressful and lengthy. At Total Law, our seasoned immigration lawyers can guide you through the process of getting your permanent residency. Don’t hesitate to reach out to us at +44 (0) 333 305 9375.
Permanent Residency for Long-term Stay in Spain
A Spanish permanent residence authorises you to live and work in Spain for as long as you want. While there are several pathways to getting a Spanish permanent residency, living in the country for five years is a basic requirement for this authorisation.
Spain permanent residency comes with numerous benefits, including access to healthcare. You will enjoy privileges similar to those of a Spanish citizen, but you cannot vote at national elections, access all local social services, or hold a Spanish passport. This right is reserved for those with full Spanish citizenship.
However, obtaining permanent residency is one of the major steps in obtaining Spanish citizenship. The procedure for obtaining a permanent residence permit differs based on whether you are an EU national, the family of an EU national, or a non-EU national.
You can apply for your permanent residency in Spain from the local police station. The police are the main point of contact for the permanent residency application in Spain. They will forward your application to the Ministry of Interior, which oversees immigration services in the country.
Page Contents
- Permanent Residency for Long-term Stay in Spain
- Requirements for Permanent Residency in Spain
- Calculating Your Number of Years in Spain
- Documentation Required for Spain Permanent Residency Application
- How to Apply for Permanent Residency in Spain
- Application Fees for Permanent Residence Permit in Spain
- Permanent Residency Renewal in Spain
- How Can Total Law Help?
- Frequently Asked Questions
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Requirements for Permanent Residency in Spain
Overview
Getting a permanent residency in Spain can be quite easy if you know the correct procedure and fulfil all the requirements. Where it often gets complicated is knowing the requirements you need to meet based on your current status in the country.
If you do not meet the expected conditions, you risk refusal, which can be costly and have a negative impact on future immigration applications. It is always a good idea to speak with an immigration specialist if you are unsure of the requirements for permanent residency in your situation.
However, there are two broad categories of permanent residency in Spain. The category of your application will determine the qualifications you need to meet before getting your permanent residency.
Permanent Residency for EU Nationals
Permanent residency under the Community Regime is the permanent residency process for EU nationals. You qualify to apply for this residency if you have been living in Spain for five years, during which time you have not been out of the country for more than six months.
This permanent residency under the Community Regime lasts for ten years, and it allows you to live and work in Spain without restrictions. You might not have to prove to the authorities that you have a job, enough money, health insurance, and other things with this card.
You can get permanent residency under the Community Regime if you fall into any of these categories:
- Citizens of an EU state.
- Non-EU national who is a family member of a Spanish citizen or EU citizen who has been living in Spain for five years as long as the family relationship still exists – or if the relationship has ended due to death, annulment or divorce.
- Workers who have reached pension age as long as they worked in Spain for the last year.
- Self-employed workers who want to retire early. They must have been working in Spain for the previous year before applying.
- Workers who worked in Spain but have had to stop working due to permanent incapacity to work.
- A worker or self-employed worker who has lived and worked in Spain for three years and then worked in another EU country but still has a place of residence in Spain, which they return to at least once a week.
Note that this permanent residence in Spain for EU citizens does not authorise you to live or work in any other EU country outside Spain. If you want to work in another EU country after a while, it is better to apply for long-term EU residency.
With a long-term EU residency, you can move to any other EU country and become a legal resident there. However, the requirements for this permit are stricter. You will have to prove that you have a stable job, adequate financial means, no criminal records, and full coverage of health insurance. With this permit, you can move to, say, France, get a job, and get the French residence permit easier than when you only have the national long-term residency in Spain.
Permanent Residency for Non-EU Nationals
The main requirement for non-EU nationals is legal residence in Spain for five continual years with an NIE. As a non-EU citizen, you must have spent some years in Spain on a residence permit or visa, such as a work visa, before applying for permanent residence.
This authorisation usually allows you to work and live in Spain legally for one to three years. You would have to renew this permit to get a total of five uninterrupted years before you qualify to apply for permanent residency. It is important that you carefully calculate these years as not all years count the same way towards permanent residence in Spain for non-EU citizens. We will write more about that below.
You would have to show proof that you do not have a criminal record. You should also show proof of adequate income or financial resources and valid health insurance in Spain. Your tax returns and working payrolls might also be required.
The permanent residency process for non-EU nationals is known as long-term residency or permanent residency under the General Regime. While the residence situation is indefinite, you will have to renew the physical residency card after five years.
Calculating Your Number of Years in Spain
As we have already mentioned, you need to have lived a total of five years in Spain to qualify for a long-term residency. But the years are not always a straightforward calculation of the number of years that you have lived in Spain. Some situations can affect the calculation.
- Each year under a regular residence permit counts as one. So, if you have lived five years in Spain under a non-lucrative visa, a golden visa, or an entrepreneur visa, it will be counted as five years.
- If you have an EU blue card, the years you lived in other European countries will be counted as part of your residency. However, the last two years before the application has to be spent in Spanish territory.
- For years spent under a student visa, each year is counted as half a year. This is because a student visa is not a residence permit but an authorisation to live in Spain while you study. Note that this applies to all situations relating to studies, including internships.
With this system, it means that if you have lived in Spain for four years under a student visa and one year under a regular work permit, you will have lived in Spain for five years. However, based on the long-term residency calculation, you have only been in Spain for three years and will have to wait for two more years under your work permit to apply for long-term residency.
To avoid making any mistakes in your calculation, you can go to the Spanish police office and get a certificado de residencia. This official certificate states the exact number of years that you have been living in the country. It will help you know if you are eligible to apply for permanent residency. This document is stamped and signed by the police.
Documentation Required for Spain Permanent Residency Application
Obtaining a permanent residency is a simple process if you can provide the required documents to attest to your legal residency in Spain for the last five years. As long as you meet the required years of legally living in Spain, getting a permanent residency should not be difficult.
Once you have gathered the documents, you can go to the nearest police station in Spain, fill out the required paperwork and pay the processing fee. Note that you need to submit your application for permanent residence at least three months before your current visa or permit expires.
Some of the documents you might be required to provide for your application are:
- Original passport and copy
- Evidence of your current residency status, It could be as a student, employee, retiree, or self-employed person.
- Provide evidence of your five-year residence in Spain. It could be a rental agreement or property deed.
- Provide evidence of your ongoing residency in Spain, such as a rental contract or utility bill.
- Provide evidence of your financial means of support, such as payroll or bank statements.
- Evidence of health and medical insurance in Spain
- A registration certificate issued by the local police department in the city where you reside.
- A complete EX-11 application form
- Evidence of payment for application processing
In some cases, you might have to submit a criminal record certificate. In cases of residency based on family relationships, a marriage or divorce certificate might be required. You will get a formal notice from the consulate general once your application has been accepted.
How to Apply for Permanent Residency in Spain
Applying for a permanent residency in Spain is easy once you meet the required number of years and have the necessary documents. All you have to do is complete the form and take your documents to the appropriate police station in Spain. In some cases, you might have to go to the immigration department directly.
You want to ensure that you start your application at least 60 days before your current permit expires. You don’t want to wait till the last minute as bureaucracy can be slow, and your residency card might not come as quickly as expected.
After submitting a complete application and getting an official notification, you should receive the resolution on your application within three months. If your application is approved, your local police department will contact you to come for your biometrics and other procedures. It may take about a month to get your Permanent Resident Card. This card will be valid for five years.
The application process is simple, but if you get stuck at any point, you can contact our experienced immigration lawyers at Total Law to guide you through the process.
Application Fees for Permanent Residence Permit in Spain
Compared to many other countries, getting a permanent residence in Spain is not so expensive. It is also relatively lower than the charges for other visas. However, you might have to pay some small fees (usually less than €20) for some of the documents you need.
The Spanish immigration authorities would also add on some charges based on different factors, including the cost of translating documents that are not originally in Spanish. However, the application itself cost only €80.
Permanent Residency Renewal in Spain
Your permanent residency card is valid for five years, after which you will have to renew the card. The renewal process is straightforward. You only have to submit the required documents at the police station and have your biometrics taken.
It is only the card you are renewing, not your legal status. According to Spanish immigration law, you will remain a legal resident even if you do not renew your long-term residency card. But, you will pay an economic penalty if you do not renew your card on time.
The documents you will need for your permanent residency renewal are:
- Your passport
- The original residency card and a photocopy
- Your census registration (empadronamiento) if you have changed your address
Along with these documents, you will have to complete the EX-17 form and pay the appropriate application fee. For your renewal, you do not have to prove that you have lived in Spain for the past five years. It is only required for the permanent residency application itself, not the card renewal.
However, your renewal can be refused if you have spent more than 12 months outside of Spain or another EU member country. You might be required to submit a document to prove that you have not spent one full year outside of the EU.
How Can Total Law Help?
Based on your nationality and visa type, there are different routes to getting your permanent residency in Spain. While it is supposed to be an easy process, it can easily get complicated if you don’t understand the procedures you need to follow.
At Total Law, our trained immigration lawyers understand every procedure and law relating to permanent residency in Spain. With their expert guidance, you can get your permanent residence sorted in record time without stress.
We can also help you in gathering all the required documents for your application and submitting them to the appropriate authority. You do not have to worry about choosing the wrong pathway to your Spanish permanent residency with our lawyers guiding you through each step.
You can avoid being weighed down by the legal hassle of getting documents prepared, appropriately submitted and approved, or renewing your card. Our lawyers can handle all that for you. All you have to do is contact us at +44 (0) 333 305 9375, and you will soon reap all the benefits of being a permanent Spanish resident!
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Related pages for your continued reading.
Frequently Asked Questions
With permanent residency, you do not get to enjoy the same benefits as Spanish citizenship. For instance, you cannot vote at the national level as a permanent resident, but you can as a Spanish citizen. Also, the requirements for getting a permanent residency are different from citizenship. With five years of continuous living in Spain, you can get a permanent residency, while Spanish citizenship requires ten years of living in Spain. However, individuals from certain countries require less than ten years if there is an agreement between both countries.
Dual citizenship is generally not recognised in Spain. Naturalised citizens have to renounce their previous citizenship, except if they are from countries with which Spain has concluded a double-nationality agreement. However, renouncing previous citizenship is not necessary to obtain permanent residence in Spain.
Yes, you can lose your permanent residency in Spain if you spend more than one year at a time outside of the country as a permanent resident. You also cannot spend more than 30 months outside of the country over five years. You can lose your permanent resident status if you stay away for more than an acceptable time, but you can still regain it. However, it might be a more complex process.
Your application can be rejected, but all hope is not lost. You will be told the grounds for refusal, and you can appeal the decision at Madrid’s High Court of Justice. However, you will have to do that within two months of getting the refusal.
